credit card debt-collectors

[CDTRUTH2]

Originally Posted by charlesa6

Good advice, JRB. The rule of thumb, never speak with them on the phone,and always in writing.

I did not know that then but do now. I now know how I have been tricked and lied too. But what if the phone is listed under someone elses same last name. By the way thanks for the input. Now I am starting to understand how some of this works. I have a good one for all of you! If a bigger company buys the smaller company I have a contract with but does not have my signature on a contract with there name on it as to being the orginal creditor and i sent a VOD to them, what if anything do you think they will send me? Did I concent to a new contract with them when I sent them the first payment? This is a new account and they don't have all my info correct I guess from the which over. What proof could I ask for? A contract or bill of sale(corp. type I guess). I know that might be a little silly to ask be really what do they show the repo company and the courts that they did not buy just the account but the whole company. Is it as simple as a contract that shows transfer of owership or a affidavit that they bought it.

[masterduke]

It would seem that the corpirate attorneys would have all of the bought out companys assets turned over to the new owners? And that would apply to the outstanding accounts as well.

[CDTRUTH2]

Originally Posted by masterduke

It would seem that the corpirate attorneys would have all of the bought out companys assets turned over to the new owners? And that would apply to the outstanding accounts as well.

So the new company assums all of the smaller companies assets as well as their liabilities. Meaning outstanding debets and or open accounts. I STILL DON'T UNDERSTAND WHAT THEY SHOW ME AND THE COURT A TO BEING VERIFICATION OF THE DEBET. Is the letter sent to me stating that they are now assigned the account verification or would they send me a copy of the original contract with the other company's name on it? Could I request to see and get a copy(knowing I would not see the original contract) of the contract of the turn over or buy out. A certified verification of the debet and contracts both mine with the smaller company and the bigger company's buy out?

[CDTRUTH2]

Is it to late to request a VOD if have sent them 3 payments already? Is that now acknowledgement of the account to the new company? Is it ever to late to request a VOD? (The wheels are starting to turn)

[charlesa6]

Originally Posted by CDTRUTH2

Is it to late to request a VOD if have sent them 3 payments already? Is that now acknowledgement of the account to the new company? Is it ever to late to request a VOD? (The wheels are starting to turn)

Yes, sending 3 payments constitute agreement that mean you agree with their presentment.
Yes, too late to request for VOD, because you already accept the contract offer, so to speak with the new company.

[CDTRUTH2]

Originally Posted by CDTRUTH2

I got a call tonite from a law office at 8:48 pm concerning a capital one credit card balence of about $4,500. This is how it went..phone rang lady of the house picked up said hello and caller ask to speak to "blank" my first name and she asks who is calling they law office name and calls me I pick up and
caller said: blank
I say:who's calling
caller said: Mr. blank(uses my last name now)
I says:this Mr. blank (being there's more then one mr. blanks in the house)
caller says: this concerning your capital one account for 4,500
I say:I done have or own one
caller said: is your birth date 07/04/61
I say:no(because it's not)
caller :it's not 07/04/61
I say no and they sorry and hang up. I don't have a public number and have not given this to any one but for bussines and personal use like friend that want to catch me when I am not home or bills co., credit cards, car loan with a new company which I do now have now to my surprise because apperently they bought the company I have a secure loan for a car with. I signed with other company but they sent me a letter stating they have been asigned all subsidiary accounts. All this was with in two months of buy a used car. I did not even get my first payment statement or anything yet.Then I get a call from Capital one telling me I am behind on payments for the exact car with the vin number as the I just got & tell me the name of the company the contract was with and that is how I found out it was whiched. I then ask to see it in writing and they just sent a letter saying they have the account now and the if payment is not made they will repo my car. Any way I have a question, how do you think the Lawers office got my number? Maybe by trying all the names like mine in there data base or phone book in my area. Or maybe from capital one which would be wrong for them to do. They have called about four other time from what my caller ID said but never have left a message. Tell me what are your thoughts on this whole thing from the call to the account take over.

About two months ago got a call from a lady said she was with some law firm calling about a account with capital one. She said I owed $ 2900. I made the mistake of talking on the phone and said what account and she said a visa. I said I believe you have the wrong person now remembering a call some time back. I told her send me that info in writing and I wish that there be no more calls recorded or live messages from her or any in her company. They were calling like 2 two three times a daywith prerecorded messages before i even got a dunning letter. I got wrapped up in family problems and for got to send a request for VOD. Now I have a summons that a family member signed for and have 25 days to respond with an answer. Can I demand VOD in 10 days so I can put in my answer? Are there any motions I can fill to get the info sooner? Need a little help Please. Thanks

[charlesa6]

Originally Posted by CDTRUTH2

About two months ago got a call from a lady said she was with some law firm calling about a account with capital one. She said I owed $ 2900. I made the mistake of talking on the phone and said what account and she said a visa. I said I believe you have the wrong person now remembering a call some time back. I told her send me that info in writing and I wish that there be no more calls recorded or live messages from her or any in her company. They were calling like 2 two three times a daywith prerecorded messages before i even got a dunning letter. I got wrapped up in family problems and for got to send a request for VOD. Now I have a summons that a family member signed for and have 25 days to respond with an answer. Can I demand VOD in 10 days so I can put in my answer? Are there any motions I can fill to get the info sooner? Need a little help Please. Thanks

(1) First answer the summons, put 90 days calendar for appearance which give you additional time to do your remedy, and motion to quash the summons failing to state claims upon relieve can be granted, at the same token send "VOD" to your target and wait 30 days for them to respond. (2) Notice and Demand (3) If they fail to respond send them the default notice for non responding.
(4) Send all your remedy certified with return receipt back to you.
(5) Bound all you docs to your case.
(6) Make 3 copies, One for you, Clerk, and Judge with the clerk stamp on each filing before the appearance.

[masterduke]

You can now start your Discovery, sending the first requests for interoggatories, admissions, etc. do not answer ANY of their questions in an afrimative manner. They will use any afirmative answers to slam you w/summarry judgement. Thats why you need discovery to see if this debt is even yours? Also file a counter-complaint to stop their burden shift and also see if, through your discovery they have been sneaky and "rolled" a Sum Certain amount into the total that they claim you owe(it will not be listed on any of the paper work they will display to the court or you. It will only show a small attorney fee fro their "service"). You need discovery! Also take a look at some of the issues raised by this consumer advocate law firm here www.ltclg.com you will see in some of the class action suits some questions you could use in your own court docs. Last but not least... Remove your dough from the bank except for any overdraft protection, because the sneaky creeps may try to steal it by moving this thru the court without you knowing about it so they can get their summary and then attack your bank accounts 29 days after the judgement has been issued. So it it goes without saying that you need to monitor the court to make sure no sneaky stuff is being pulled. All court personel are enemies; judge, clerks, debt attorneys and their paralegals, be prepared.

[CDTRUTH2]

Originally Posted by masterduke

You can now start your Discovery, sending the first requests for interoggatories, admissions, etc. do not answer ANY of their questions in an afrimative manner. They will use any afirmative answers to slam you w/summarry judgement. Thats why you need discovery to see if this debt is even yours? Also file a counter-complaint to stop their burden shift and also see if, through your discovery they have been sneaky and "rolled" a Sum Certain amount into the total that they claim you owe(it will not be listed on any of the paper work they will display to the court or you. It will only show a small attorney fee fro their "service"). You need discovery! Also take a look at some of the issues raised by this consumer advocate law firm here www.ltclg.com you will see in some of the class action suits some questions you could use in your own court docs. Last but not least... Remove your dough from the bank except for any overdraft protection, because the sneaky creeps may try to steal it by moving this thru the court without you knowing about it so they can get their summary and then attack your bank accounts 29 days after the judgement has been issued. So it it goes without saying that you need to monitor the court to make sure no sneaky stuff is being pulled. All court personel are enemies; judge, clerks, debt attorneys and their paralegals, be prepared.

I DID SEE SOME NUMBERS WRITEN ON PAGE TWO ALONG WITH FILLING FEE & MILEAGE FOR $38.00 AND ATTORNEYS FEE OF $ 72.34 WHICH i THOUGHT WAS VERY LOW FOR ATTORNEY'S FEE. THEN LOOKS LIKE SOMETHING LIKE 107 AND UNDER THAT 232867. IT LOOKS LIKE THEY WERE WRITING ON SOMETHING AND FORGOT CARBON WAS UNDER IT. OH AND THE 3800 WAS WRITEN AS WELL.

[CDTRUTH2]

On page two at the bottom it has "return of service if served by mail (for court use only)
I persons name hereby certify that on [u]date[u] I mailed a copy of the within summons and complaint by regular and certified mail, return receipt requested." then on the left hand side signature with emploee signature under it. Question is the date on the envelope stamped by the post office suppose to be dated before the date of service in side. I mean the date inside should not be the date it was recieved at that address is it, it is suppose to be the date shipped at the post office right? If the employee (from the court i believe) sent it out on the 15th by mail then the service should say the 15th and not the day it arrived at the address right? Or is that something i have incorrect. I mean if you mail something unless it is same day delivery it can't be mailed and received on the same day. The envelope has the 14th on it and the employee said they mailed it on the 15th? Does that mean she just lied on paper, or are they alound to put the date it will be recieved on the papers? Hey does any one know what xdnc mean where it has phone (if know) I guess it means they don't know but they do because they called before the paper was sent.